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  • Thank you Joe your assistance is much appreciated. I am clearer now 're the liability and may be able to sleep at night once more. Kind regards
    Jacqueline
  • StepChange_Private_Messages
    StepChange_Private_Messages Posts: 120 Organisation Representative
    First Post First Anniversary Combo Breaker
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    Hello,

    Thanks for your post.

    Depending on the solution presented for your circumstances, where you have debts it can often be a good idea to move to a basic bank account with a bank you don’t have any debts with. This would mean making sure your income is coming into the new basic bank account and setting up your essential direct debits to be paid from this account.

    As you’ve mentioned, you’ll already have a financial link with your wife due to the current account and mortgage. You can certainly ask Santander if they would be willing to remove your wife’s name from the joint account but it is incredibly unlikely that they would agree to remove either of your names from the account whilst it’s overdrawn.

    I can see from other posts you’ve written that you’ve completed our online Debt Remedy tool and we’ve suggested a debt management plan (DMP) for you. If your wife is able to pay the contractual payments or make an agreement on her own to repay the overdraft then you can exclude this from the plan. However you will not be able to make payments directly to the overdraft outside of the DMP as your other creditors could view this as preferential payment and it could compromise their willingness to agree to your plan.

    The joint overdraft cannot be excluded in any formal debt solution such as; bankruptcy, debt relief orders (DRO) or individual voluntary arrangements (IVA).

    If your wife would struggle to maintain payments to the overdraft on her own and if she also has other creditors it may actually be best to seek joint debt advice in order to resolve the overall debt situation.

    If you’ve completed Debt Remedy and have any further questions or have had any problems using the online tool please do not hesitate to contact the Debt Remedy team on 0800 197 1704. We’re available Monday to Friday 8am to 8pm and Saturdays 9am to 2pm.

    I hope this helps.

    Kirsty



    Takealeap wrote: »
    Hi. I tried to ask this question on one of the other threads but I got really muddled trying to put across what I meant. I've had a think and hopefully this time I'll be much more succinct.

    My wife and i have a joint Santander current account used for all household direct debits (mortgage, utilities, insurances). This account has an £1800 overdraft which is 90% utilised.

    We also have a joint Santander mortgage, and the direct debit is paid through the above joint current account.

    I have personal credit card debt of approx 32k, 4k of which is on a Santander credit card.

    My wife is also aware of my debts and their extent. Neither of us have ever missed any payments on ANY of our household bills or debt bills.

    When entering some form of debt solution, I know part of the advice is to open a new, basic bank account, which I guess is to be used to pay all your bills from instead of the old account.

    My question is, if I was to pursue a DMP or some other debt solution for my personal debts, what effect would it have on my wife, because the overdraft is a joint debt and this the account you are advised to move away from!

    Obviously, she is associated with me financially through the mortgage and joint current account, and this would be appear on her credit file in some way.

    Is there a way for me to have a DMP for my credit cards only and we just service our joint account as normal? Or am I able to remove my wife from the joint account so that the overdraft becomes my sole responsibility?

    TIA
    I work as a debt advisor for StepChange Debt Charity and have specific permission from Martin to post on these boards to try and help those in debt. Read more information on StepChange Debt Charity in the Debt Problems: What to do and where to get help article. If you find you're struggling with debt and you need further help try our online advice facility Debt Remedy.

    Don't be afraid of getting debt advice. We'll help you take one more step towards getting help with your debt.
  • kv11x
    kv11x Posts: 44 Forumite
    First Anniversary First Post Combo Breaker
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    Hi me and partner got a mortgage last year which is so far going good. The MIL helped take some debt off my partner with higher interest so got a loan for that but added some £10000 to the loan to be able to get the mortgage. We pay the MIL and that's budgeted all going ok. since we moved in partners debt have risen due to needing a couple of emergency repairs to the home.


    Her debt is £21000 on Credit cards and mine is around £8000 on 2 cards plus £7000 to family members who are luckily in no rush. My partner has informed me that a card is now on a high interest rate and she has no chance of a credit transfer. I did a soft search and I hopefully could for most of the high interest card. through my work I could take a loan out for £15000 with 3.3% interest.

    Im doing extra work but I seem to pay more tax so really not helping.

    what are our best options? we understand we wont get the best remortgage deals due to our debt but what's our best option to get as best remortgage deal?

    At the weekend we will be going through our finances to see where we can save cash

    thanks KV
  • Scorpio71168
    Options
    Hi,
    My partner has debts from her past which we are addressing with lowells. We thought we had all sorted with payment plans but recently they hit her with 2 bills which are over 6 years old. Can they enforce payment and collect on these old defunct debts?
    Thanks
  • Good Evening Andrea,
    I've just been sent a letter today regarding an overpayment on my salary.
    I left my previous employment over 12 months ago and just received the letter.
    What are my rights?
    Do I have to repay?
    My partner is unemployed,
    We do not claim any benefits,
    I have 3 dependents to surport,
    The amount in question is £1200.
  • kv11x wrote: »
    Hi me and partner got a mortgage last year which is so far going good. The MIL helped take some debt off my partner with higher interest so got a loan for that but added some £10000 to the loan to be able to get the mortgage. We pay the MIL and that's budgeted all going ok. since we moved in partners debt have risen due to needing a couple of emergency repairs to the home.

    Her debt is £21000 on Credit cards and mine is around £8000 on 2 cards plus £7000 to family members who are luckily in no rush. My partner has informed me that a card is now on a high interest rate and she has no chance of a credit transfer. I did a soft search and I hopefully could for most of the high interest card. through my work I could take a loan out for £15000 with 3.3% interest.

    Im doing extra work but I seem to pay more tax so really not helping.

    what are our best options? we understand we wont get the best remortgage deals due to our debt but what's our best option to get as best remortgage deal?

    At the weekend we will be going through our finances to see where we can save cash

    thanks KV


    [FONT=&quot]Hello, thanks for posting and welcome to the forum.[/FONT]

    [FONT=&quot]I recommend getting in touch with StepChange Financial Solutions if you’re interested in remortgaging but want some free, impartial mortgage advice tailored to your needs before you proceed.[/FONT]

    [FONT=&quot]In terms of managing your other debts, consolidating your debts with a loan can be a useful strategy in some situations. However, it can also involve extra costs, and potentially makes a difficult situation much worse. I recommend taking a look at the article about debt consolidation on our website, using our debt consolidation calculator, and getting some expert and personalised debt advice before you commit to this.[/FONT]

    [FONT=&quot]StepChange Debt Charity can certainly provide you with this kind of advice and support. We can build a budget with you and recommend the best of course of action to manage and eventually clear your unsecured debts going forward. [/FONT][FONT=&quot]
    [/FONT]

    [FONT=&quot]A good place to start is the Debt Remedy self-help tool. This is available 24 hours a day and takes about 20 minutes to complete. The tool will guide you through creating a budget and will then offer the best debt solution for your situation.[/FONT]

    [FONT=&quot]I hope you’ve found this helpful. All the best.[/FONT]

    [FONT=&quot]Joe[/FONT]
  • Good Evening Andrea,
    I've just been sent a letter today regarding an overpayment on my salary.
    I left my previous employment over 12 months ago and just received the letter.
    What are my rights?
    Do I have to repay?
    My partner is unemployed,
    We do not claim any benefits,
    I have 3 dependents to surport,
    The amount in question is £1200.

    [FONT=&quot]Hello, thanks for your post and welcome to the forum.[/FONT]

    [FONT=&quot]If your employer has indeed overpaid you, I recommend getting in touch with them to make a payment arrangement. If the amount isn’t paid back, they could take further action to collect the debt. They can pass the debt to a collection agency, take court action by issuing a claim for a county court judgement, and eventually use a High Court enforcement officer (HCEO) to collect the debt.[/FONT]

    [FONT=&quot]Of course, your previous employer would much rather you came to an agreement than take further action. StepChange Debt Charity can help you with this. We can provide you with free, impartial debt advice and help you build a budget. You can send this to your employer, showing what you can realistically afford to offer after covering your essential living costs. We may even be able to help you with a repayment solution.[/FONT][FONT=&quot]
    [/FONT]

    [FONT=&quot]A good place to start is our anonymous online Debt Remedy tool .This is available 24 hours a day and takes about 20 minutes to complete. The tool will guide you through creating a budget and will then offer the best debt solution for your situation.[/FONT][FONT=&quot]
    [/FONT]

    [FONT=&quot]However, if you dispute the amount they say is owed, or the full overpayment itself, you can make a claim to an employment tribunal. There’s a useful article about this on the GOV.uk website here. You’ll also need to seek specialised employment rights advice. The Citizens Advice Bureau (CAB) can help with this, and you can find a solicitor here. If you’re a member of a trade union, they may be able to pay for a solicitor.[/FONT][FONT=&quot]
    [/FONT]

    [FONT=&quot]I hope you’ve found this helpful.[/FONT]

    [FONT=&quot]Thanks[/FONT]

    [FONT=&quot]Joe[/FONT]
  • Hi,
    My partner has debts from her past which we are addressing with lowells. We thought we had all sorted with payment plans but recently they hit her with 2 bills which are over 6 years old. Can they enforce payment and collect on these old defunct debts?
    Thanks


    [FONT=&quot]Hello thanks for your post and welcome to the forum.[/FONT]

    [FONT=&quot]Even if the debts are old, that doesn’t mean that they are ‘defunct’ or don’t exist anymore. The debts will always be owed, regardless of how old they are, until they’re eventually paid off. Debts are only written off in special circumstances such as serious illness, or when the debtor applies for a statutory debt solution such as bankruptcy, an individual voluntary arrangement (IVA), or a debt relief order (DRO).[/FONT]

    [FONT=&quot]If the are debts more than 6 years old, however, there’s a chance they may be statute barred. This means that while the debts still exist and a creditor can still contact a debtor asking for payment, they can’t pursue the debts through the court. This is because it isn’t considered fair for a creditor to wait many years to take action, when important paperwork could have been lost or a very old debt forgotten about.[/FONT][FONT=&quot]
    [/FONT]

    [FONT=&quot]The debts may not be statute barred, even if they’re more than 6 years old. The 6 year limitation period starts from whichever of the following happened most recently:[/FONT]

    • [FONT=&quot]The last time she wrote the creditor acknowledging that she owed the debt[/FONT]
    • [FONT=&quot]The last time she made a payment to the debt[/FONT]
    • [FONT=&quot]The earliest date the creditor could have started court action to recover the debt. This depends on the terms and conditions of the credit agreement your partner signed.[/FONT]

    [FONT=&quot]Regardless of whether the debts are statute barred or not, StepChange Debt Charity can build a budget with your partner and recommend the best way to manage these debts going forward. A good place to start is the online Debt Remedy self-help tool. [/FONT][FONT=&quot]It’s completely anonymous, available 24 hours a day, and takes about 20 minutes to complete. The tool will guide your partner through creating a budget and will then offer the best debt solution for her situation.[/FONT]

    [FONT=&quot]I hope you’ve found this helpful.[/FONT]

    [FONT=&quot]Thanks[/FONT]

    [FONT=&quot]Joe[/FONT]
  • Scorpio71168
    Options
    Hi,
    Thanks for ur answer. Next question is how can we find out if the debt is statute barred? The bills are from eon for gas and electric. No contact has been made in over 6 years from either party.
    Thanks again
  • nicnak100777
    Options
    Hi I have around £20000 maybe a bit less of debt owing to several different companies mostly mail order companies (£4700) council tax arrears from a few years ago (£3000) overpaid tax credits again from few years ago (£6000) and a couple of credit cards
    My question is myself and my husband are self employed and really struggling at the moment to keep up with the payments, I've thought about an IVA as I think this would take the pressure off, is this a good idea, Credit rating is already pretty poor anyway
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